Kerala High Court
Rahul Chakrapani vs State Of Kerala on 3 March, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:17646
BAIL APPL. NO. 7938 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 3RD DAY OF MARCH 2025 / 12TH PHALGUNA, 1946
BAIL APPL. NO. 7938 OF 2024
CRIME NO.662/2024 OF Pulpally Police Station, Wayanad
AGAINST THE ORDER/JUDGMENT DATED IN FIR NO.662 OF
2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,
SULTHANBATHERY
PETITIONER/SOLE ACCUSED:
RAHUL CHAKRAPANI
AGED 33 YEARS
NAMBOOTRI KANDATHILNAMBOORI KANDATHIL, THERTHALLY
P.O, VIA REPRESENTED BY ITS DIRECTOR OF ROYAL
TRAVANCORE FARMERS PRODUCER CO LTD. ALAKODE,
KANNUR-, KERALA, INDIA, PIN - 670571
BY ADV NAVEEN RADHAKRISHNAN
RESPONDENT/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 DEVASYA E S
AGED 65 YEARS
S/O SCARIA ERATH, BHOOTHANAM SHED, BHOOTHANAM,
PULPALLY, WYNAD, KERALA, INDIA PRESENT: ERATH,
BHOOTHANAM SHED, BHOOTHANAM, PULPALLY, WYNAD,
KERALA, INDIA, PIN - 675541
2025:KER:17646
BAIL APPL. NO. 7938 OF 2024
2
SR PP SRI NOUSHAD KA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
03.03.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:17646
BAIL APPL. NO. 7938 OF 2024
3
P.V.KUNHIKRISHNAN, J.
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B.A.No.7938 of 2024
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Dated this the 03rd day of March, 2025
ORDER
This Bail application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita.
2. Petitioner is the accused in Crime No.662/2024 of Pulpally Police Station. The above case is registered against the petitioner alleging offences punishable under Section 420 read with Section 34 of the Indian Penal Code.
3. The prosecution case is that the petitioner collected huge amount from the defacto complainant as deposits offering huge interest. The interest is not paid and the principal amount also not paid. Hence, it is alleged that the accused committed the offences.
4. After hearing both sides, I think this is not a fit case, in which orders u/s.482 BNSS can be passed. At this stage the counsel for the petitioner submitted that the petitioner will surrender before the Investigating Officer. The counsel also 2025:KER:17646 BAIL APPL. NO. 7938 OF 2024 4 submitted that there may be a direction to produce the petitioner after interrogation before the jurisdictional court and there may be a direction to the jurisdictional court to consider the bail application on the date of production of the petitioner. I think that prayer can be allowed.
5. Considering the submission of the counsel for the petitioner, this bail application is disposed of with the following directions.
1) The petitioner will surrender before the Investigating Officer within two weeks from today.
2) If the petitioner surrender before the Investigating Officer as directed above, the Investigating Officer is free to interrogate the petitioner and shall produce the petitioner before the jurisdictional court on the date of surrender itself.
3) The petitioner is free to file bail application before the jurisdictional 2025:KER:17646 BAIL APPL. NO. 7938 OF 2024 5 court at the time of producing him before the Magistrate. If such a bail application is filed with advance copy to the prosecutor concerned, the jurisdictional court will consider that bail application in accordance with law and pass appropriate orders in it preferably on the date of filing of the same itself.
4) The Investigating Officer is free to file custody application, if necessary, at the time of producing the petitioner and if such application is filed, the jurisdictional court is free to pass appropriate orders in it also.
sd/-
P.V.KUNHIKRISHNAN JUDGE JV